How to quit while on vacation. Dismissal during vacation at one's own request

Any employee of the organization can exercise the right to dismiss at personal request, even if at that moment he is on vacation. Only one question can confuse you: how to do it legally.

Is it possible to resign of your own free will if you are on vacation?

Russian legislation does not prohibit writing and submitting a letter of resignation, even while on vacation. In addition, you can submit your resignation letter and go on vacation for 14 days after management has reviewed and signed it. And you won’t have to stay at work for another 2 weeks after returning from vacation.

An employee can resign at his own request even during vacation

When to tell your employer about your dismissal?

Communicate your intention to leave the company at least 2 weeks before your planned departure date. This is obligated by Art. 80 Labor Code of the Russian Federation.

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on December 31, 2017)

You can terminate your employment relationship earlier in two cases:

On a voluntary basis - by agreement of two parties (employer and employee).
If the employer violated labor laws or other regulations: pays wages once a month instead of the required two, does not record and pay for additional work, does not pay vacation pay 3 days before the vacation, and others.

The working period may change in a number of other cases:

If an employee is on a probationary period and decides to resign, it will be 3 days after the date of notification to the employer of resignation.
If the head of the company resigns, it will be 1 calendar month.

The director of the enterprise or any other employee holding a leadership position must give notice of his resignation no later than 1 calendar month (or 30 days). During this time, he will be able to bring things up to date and transfer projects to another official, but this is unlikely to be done in 2 weeks.

The dismissal of a director is always stressful for the company, so the transfer of affairs takes twice as long

How to quit voluntarily while on vacation: action plan

Every employee has the right to leave their position at their own request. And it doesn’t matter whether he is on vacation or at his workplace at the time of writing the application. In this case, you can quit your job while on vacation:

at the expense of the organization;
at personal expense;
for child care.

Write a statement and notify your manager about your resignation.

A written resignation letter is the only official way to notify your employer that you are leaving the company. It doesn’t matter whether it is written by hand or printed on a printer. The content of the document is also not regulated by law, but personnel officers advise adhering to several important rules.

First, in the header of the application, write down who it is intended for and from whom it comes.

To the General Director of Matiz LLC, Alexander Alekseevich Sergeev, from sales manager Arkady Pavlovich Skubko.

Secondly, write very briefly: “I ask you to fire me of your own free will.”

Separately, we note that the application does not need to include the phrase: “I ask you to fire me from ... (March 15, 2018)”, write specifically: “I ask you to fire me at your own request on March 14, 2018.”

If an employee writes the current, “today’s” date in the application, then the employer has the right to detain him at work for another 14 days.

Thirdly, be sure to indicate the expected date of dismissal - the last day of work in the organization.

In my resignation letter, I wrote “I ask you to fire me on March 14, 2018.” On the same day - March 14 - I took the application to the manager for signature. He signed the document, but said that he would fire me only on March 23 - my last working day. If I had written the same statement and submitted it to my boss on March 1, then the 15th would have been my last working day in the organization.

Sample of a correctly written resignation letter.

The employee is required to put his signature and identification (last name, initials) at the end of the application. Then you need to hand over the application for dismissal to the manager personally or send it by letter with notification of receipt. Despite the prevailing opinion that an application for dismissal can only be submitted in person, no employer has the right to refuse to receive and read the corresponding application from an employee received by mail.

The resignation letter can be handwritten or typed.

Sign the dismissal order

After receiving the resignation letter, the employer issues a corresponding order - an internal document on termination of the employment relationship. This occurs on the employee’s last day of work or after the expiration of a two-week period of work (if any). Example of a dismissal order.

An order is created in one of two forms:

T-8 when registering the dismissal of one employee;
T-8a - two or more people or groups.

Form T-8 or T-8a takes 1 sheet of A4 format and contains mandatory information about:

the name of the organization in the upper right corner;
document number and date of its preparation;
the contents of the order with the employment contract number and the date of dismissal.

If the reason for dismissal was the employee’s own desire, the document must make a reference to his statement.

At the bottom of the document there must be information about the head of the organization: position, full name and personal signature.

The order contains 2 dates:

In the body of the document, the date of dismissal is the day from which the two-week period of work begins, or the date on which the application itself is dated.
The second date is the employee's last working day.

You can download the order template in form T-8.

Let me remind you that the order is created by the manager and signed by the subordinate on the last day of his work.

Suppose an employee wrote a letter of resignation on his own and took it to his manager on March 1. The statement indicates the last day of work - March 15: “I ask you to dismiss me at your own request on March 15, 2018.” The employee was able to read and sign the order only on March 15, the day he officially left work.

Order to dismiss an employee at his own request

Final payment upon dismissal

Receive wages and benefits for unused vacation. On the last day of work of a subordinate, the employer is obliged to pay the employee:

monetary remuneration for worked and previously unpaid working days;
other payments provided for in the employment contract, for example, a bonus;
vacation pay - compensation for unused vacation.

An employee can go on vacation at the expense of the company six months after joining the staff. If an employee took a vacation at his own expense after 6 months of work in the organization and did not have time to take advantage of the right to “free vacations,” he can apply for them or for compensation for their cost - vacation pay upon dismissal.

An employee will be able to receive bonuses, allowances and remuneration for additional work on the last (calculated) working day at the enterprise.

Additional payments are called severance pay. They can be paid if:

liquidation of an enterprise and forced dismissal of an employee;
staff reduction;
refusal of an employee to work at the enterprise due to changes in working conditions or job responsibilities;
conscription of an employee into the army;
inability to work due to health reasons.

The minimum amount of severance pay is two weeks' wages. The maximum is a two- or three-month rate (official salary). Additional payments are not due to an employee who decides to leave the organization voluntarily.

Upon dismissal, the organization must pay the employee in full, so in addition to salary, he will receive the due bonus and compensation for unused vacation

Does the employer have the right to withhold an advance paid towards vacation?

Vacation pay is paid 3 days before the start of the vacation - this is what the law says. If the employee received the money and decided to resign on the same day of his own free will, the employer can withhold vacation pay paid in advance from his salary.

If the amount of paid vacation pay is greater than the amount of withholding, the employer has the right to:

Ask the employee to reimburse the amount of “extra” vacation pay voluntarily.
Refuse the refund and forget about the amount paid.
Go to court with a demand to recover the amount of vacation pay from the former employee.

The employer cannot force a former employee to return the overpaid amount to the organization's cash desk and in no case can blackmail or threaten all kinds of punishments for refusal.

The labor inspectorate usually acts in the interests of the employee and rarely goes over to the side of the employer, even if he behaves lawfully, unlike his former subordinate. However, the director of the enterprise also has rights, for example, the right to compensation for losses that he incurred when paying an advance for unused vacation. How the court will behave in this situation is unknown. But it is obvious that the best way is to resolve the conflict between employer and subordinate before litigation.

Since the court most often takes the citizen’s side, a competent employer will not extort an advance payment for vacation from a former employee

Receive a work book with a notice of dismissal and other documents

The dismissal of an employee must be supported by an entry in the work book, provided that the document contains a record of employment in the same organization - this is indicated in Part 5 of Art. 84.1. Labor Code of the Russian Federation.

There are 4 columns in the work book that a HR specialist must fill out upon dismissal:

Record number - determined by the number of the previous one. The document has continuous numbering, which must be strictly observed.
Date - refers to the date of the employee’s last day of work. The date in the work book coincides with the date the order was issued.
In the “Job Information” section, the personnel officer indicates the reason for dismissal.

If you quit at your own request, the following entry will appear in your work book: “The employment contract was terminated at the initiative of the employee, clause 3 of part one of Article 77 of the Labor Code of the Russian Federation.” And there will also be information about the document - the order, according to which the employee was fired.

On the day of dismissal or the last working day, the former employee of the organization is given:

A work book with a note on acceptance to work in the organization and dismissal. Each entry in the employment record must be certified by an authorized person and his signature - the general director, for example, and the seal of the organization. If the employee cannot pick up the work book on the day of dismissal, the employer can send it to the addressee by mail, only by prior agreement with him. Or ask the former employee to pick up the employment document on another day.
Certificate 2-NDFL. To receive a certificate mandatory for further employment, the employee must write a written application for its receipt. An employee can request the form as many times as he wants, even after dismissal - the employer does not have the right to refuse.
Certificate of income for 3 months. To receive the document, the employee must write an application. The certificate is needed to receive disability benefits and other social benefits.
A certificate of total earnings for the calendar years preceding dismissal. It will be useful for processing social benefits - temporary disability benefits, for example.
Personalized information - calculations of insurance premiums from the beginning of the annual quarter until the date of dismissal with personal data about the employee.

To receive personalized data from an employer, you must be registered in the compulsory pension insurance system (OPI). If you have SNILS, it means you are already in the system. Personalized information will allow you to find out about your pension rights or what pension you will receive tomorrow.

Typically former employees request:

form SZV-M for one month of working with personal information;
form SZV-STAZH - information about the employee’s length of service;
form SVP-2 - it is needed only for those who are leaving due to retirement.

If you parted with the manager and the company as a whole on good terms, request a minimum “package” of documents and certificates. The rest, if necessary, will be received later - when needed. If your relationship with your employer has become tense, pick up all documents on your last day of work. Write an application for the issuance of certificates 3 days before leaving so that the accounting department or human resources department can prepare them in advance.

How to quit while on vacation and not work for 2 weeks after leaving it

The easiest way is to add to the application a request to resign without work. An employer can accommodate a former colleague and “let him go.”

In exceptional cases, the employer does not have the right to leave a former employee for work, for example, when:

retirement;
admission to full-time study at a university or other educational institution;
moving to another region for a spouse;
another valid reason: serious illness or death of a relative.

In other cases, you will have to stay at the workplace for 2 weeks, which are calculated on the day after the employer receives and familiarizes yourself with the application.

The following scenario is also possible: an employee worked for the company for 10 months and wrote an application for leave. 3 days before the vacation I received vacation pay and on the last day before the vacation I wrote a letter of resignation at my personal request. The employer agrees to allow the subordinate to go on vacation, signing an application at the same time. In this case, the employee will not have to work the mandatory two-week period - it will count towards the vacation. This plan for the development of events is one of the most successful for an employee.

What to do if the employer does not accept the resignation letter

In practice, the managers of the organization are obliged to satisfy the employee’s request for dismissal on first demand, although the legislation of the Russian Federation does not directly say this. If an employee has decided to resign, he writes a statement and gives it to the manager. It may happen that the employer does not want to let you go and does not accept your application.

No one has the right to force a citizen to work - neither the employer, nor colleagues, nor their own parents. Therefore you need to act like this:

Write a letter of resignation and send it to your manager by mail with notification of receipt. Sooner or later the employer will receive and read the letter. He will be able to fire you the next day after reading the application.
Give the application to the secretary and take from him a receipt confirming acceptance of incoming correspondence. Having received your application, the employer is obliged to familiarize itself with it and dismiss you after 2 weeks.

The employer has no right not to review your resignation letter.

Dismissal during vacation, like any coin, has two sides. In the first case, you will receive a long-awaited vacation and bypass the two-week work period. In the second, you risk having to reimburse the employer for the advance paid for the days of the upcoming vacation.

Dismissal during vacation is prohibited in Russia, but there are cases when an employee has to be dismissed from his position during the planned vacation period. How to properly complete this procedure without violating the law?

Reasons for employee dismissal

Vacation at your own expense is permissible no more than a certain period per year, which is specified in the employment contract. If an employee takes rest more often, it is not profitable to keep him at work.

Registration of a dismissal letter

Dismissal procedure:

Based on the employee’s statement, you need to draw up a dismissal order. It indicates the employee’s full name, position, reason for dismissal, and date. The document below must be signed by the employer and the dismissed person. But if the employee, while on vacation, cannot put his signature, then a note is made in the order and a free form act is drawn up with the signature of several witnesses.

After completing the order, the former employee must receive a settlement.

On the day of dismissal, the employee must be given a work book with a note indicating the reason. For example, dismissed at his own request in accordance with Art. 70 Labor Code of the Russian Federation.

In addition to the above, a former employee may require a certificate of income 2 personal income tax and 4 N. You have no right to refuse its issuance.

What is included in the calculation

The calculation includes the following payments:

Salary for the days a person worked in a month before going on vacation. For example, if the vacation began on May 10, then the employee is entitled to wages for working days from 1 to 10.
Compensation for days remaining from vacation. Of course, if the vacation ends on the day of dismissal, then payment is not due. If over the past years there are days left from vacations that have not been taken off, then they must be paid for (Article 127 of the Labor Code of the Russian Federation).
Compensation if the employee took only part of the allotted vacation. The remaining days are paid.
Severance pay, if specified in the employment or collective agreement. Otherwise, according to the law, upon dismissal of one’s own free will, the employee is not entitled to severance pay.

The calculation is issued along with the work book on the day of the date specified in the dismissal order (paragraph 5 of Article 80 of the Labor Code of the Russian Federation).

During vacation, an employee cannot be fired without good reason. You should not fire a person from work during maternity or administrative leave. This could end in litigation. If an employee leaves for study, and you, as an employer, don’t like it, you can try to conclude a verbal agreement with him and terminate his employment with the consent of the parties. In this case, the employee will require financial compensation for his time. But when work is idle, and it is legally impossible to fire the incumbent, this is a way out of the situation.

Dismissal during vacation is processed in the same way as in all other cases. The only difference in calculation is the payment of compensation for vacation.

Labor legislation prohibits termination of employment with an employee while he is on vacation. But this case does not apply to dismissal at his own request or due to the liquidation of the company, organization or enterprise where he works. That is, dismissal during vacation is permissible if the employee himself wishes it.

In addition, there are several other valid reasons that allow you to dismiss an employee during his vacation, for example, if the parties reach mutual agreement on the need to terminate the employment relationship. In addition to the main leave, there are also additional, maternity, and child care. In each specified case, the enterprise does not have the right to dismiss an employee on its own initiative, only upon complete cessation of economic activity. But the employee himself has every right to resign at any time, he just needs to adhere to the procedural and documentary subtleties of the law.

In what cases is dismissal while on vacation allowed?

An employer does not have the right to terminate an employment contract with an employee on the grounds specified in Part 6 of Art. 81 TK. You should wait until he returns from vacation, and only after that you can fire him.

As we have already found out, it is impossible to terminate the employment relationship with an employee when he is on vacation, at the initiative of the employer, including due to layoffs, due to professional incompetence, and even due to violation of labor discipline. When is it possible?

If an employee wrote a statement and wished to resign himself;
If a written agreement is reached between the employer and employee on termination of the employment contract;
In case of termination of activity of the enterprise where the employee is registered.

At the same time, dismissal during the next vacation is permitted, regardless of its duration or unfinished work by the employee. On the contrary, if the employee wishes, the employer is obliged to fire him. And if any issues continue to remain unresolved between the parties, then they can be referred to the court for resolution. This often happens when a financially responsible employee is dismissed when he did not properly conduct an inventory. And after his dismissal, a shortage was discovered.

When an organization is liquidated, its employees must be notified of the upcoming dismissal at least two months in advance. In the event of a forced bankruptcy procedure, the law allows for a significant reduction in notice periods. Such wording of the termination of an employment contract is entered into the work book only in the case when a complete liquidation occurs, without the transfer of assets to another company, without reorganization and other legal tricks that unscrupulous employers often go to in order to get rid of the majority of their subordinates.

How to resign on your own while on vacation

There are two options for an employee to combine vacation and his dismissal. The first option is dismissal while on vacation, when the employee submits a letter of resignation while already on vacation. The second option is when an employee asks to be granted leave with subsequent dismissal. For each of these options, the procedure for terminating the employment relationship will be slightly different.

Having written a letter of resignation while on vacation, an employee has the right, without even going to work, to take the days off allotted to him, after which he will receive an order of his dismissal and documents in hand. It all depends on the length of the vacation. If it is less than two weeks, then you will still need to stay at work for some time. After all, according to the law, you need to give notice of your intention to leave two weeks before dismissal. If it is long, you can expect that after the vacation you will no longer have to return to this place of work (if at least two weeks remain from the moment of submitting the application to its end).

You can ask the employer to provide leave with subsequent dismissal. In this case, compensation for unused days is not paid, since the employee has already used it and received vacation pay. The day of termination of the employment relationship will not be the last day of vacation, but the day before it begins. It is on this day that the calculation must be made and the work book issued. And after the required rest, he simply no longer goes to his workplace.

If a letter is sent with a statement of desire to terminate the employment contract to the employer's address, dismissal occurs at one's own request without working during the vacation. The law does not oblige the employee to complete the required two weeks after the vacation, if at the time of filing the application, such or a longer period of time remains before its end. And any employer should know that it is impossible to fire an employee while he is on a well-deserved annual rest only if this is the initiative of the employer, as prescribed in Art. 81 Labor Code of the Russian Federation.

Procedure for submitting documents for dismissal

While at home, or in any other place, an employee can send a letter of resignation to the organization’s address at his own request. It is important to remember that the application is sent to the legal address of the enterprise. If the actual and legal addresses do not match, then it is better to send the application in two copies, to two addresses at once. Since if a dispute arises (and it can arise if the employer says that he did not receive any application or that it was sent to the wrong address), it will be possible to confirm the fact of receipt by corresponding postal notification of delivery of a valuable letter.

Resigning during vacation is a right guaranteed by law for every employee. Therefore, you should not be afraid that the employer will not accept the application or will not sign it.

By the way, labor legislation does not oblige the employer to sign the employee’s resignation letter. You just need to put a mark on the second copy of the document, which remains in the hands of the employee who wishes to resign, about the date of receipt of the application. After all, it is from the next day after that indicated on the application that the period of fourteen days of “working off” is calculated. To figure out how to properly quit while on vacation, you should refer to the norms of the Labor Code of the Russian Federation.

Article 80 of the Labor Code establishes that an employee has the right to terminate an employment contract with the company where he works. The only requirement is to notify the employer two weeks before leaving the position. The law does not establish any restrictions that may allow keeping an employee at the enterprise. On the contrary, on the last day of his work, the employee must be given all work documents and a paycheck. Including a work record book, along with certificates of income and insurance contributions.

Is it possible not to work for two weeks?

p>The employee can agree with his superiors and not work the allotted time. In addition, the same eightieth article of the Code lists only some cases in which you can resign early, and which are considered valid in any case:

retirement;
admission to study;
when establishing the fact of violation of labor legislation by the enterprise

In the latter case, confirmation of the fact of violation of the law is a court decision that has gained legal force, or an order from the labor inspectorate. The employee himself does not have the authority and right to consider his rights violated just because he does not agree with the decision of senior management. The above list is not exhaustive. In judicial practice, there are clarifications in which cases the reason for early dismissal is legal. This usually concerns the illness of close relatives and the need for an urgent move.

One way or another, dismissal during vacation without working off is to a greater extent preferable for the employee himself than for the employer. After all, he has the opportunity to take his vacation and not sit at his workplace for the notorious two weeks. The company, for its part, does not have the right not to fire him, or to refuse to issue calculations and documents, since these actions threaten the company with the imposition of administrative penalties due to violation of labor laws.

It is possible to terminate an employment contract with an enterprise early when an agreement is reached between the parties. Unfortunately, the norms of the Labor Code do not indicate to us a specific procedure for terminating an employment relationship, but the labor inspectorate explains that dismissal with such wording is not only possible, but also necessary exactly by the number indicated in the employee’s application, or in a written agreement, which is addition to the employment contract. Accordingly, if an employee is on vacation on the day specified in the agreement, the employment contract with him is also terminated without his mandatory presence.

Do you get fired while on maternity leave?

A type of vacation is maternity leave. According to the law, an employee who is on maternity leave can be fired only at her request, when she has indicated her will in writing. A woman can send her application by mail even during maternity leave. There are often cases when an enterprise simply wants to get rid of a young mother, forcing her to write a statement, supposedly of her own free will. But this case falls under the category of dispute resolution, and such dismissal, in rare cases, can be considered illegal.

Young mothers often have a question about how to quit while on maternity leave. There are two ways to solve a complex problem. The first way is a written agreement reached with the enterprise. The second way is to send a letter by mail with a request to dismiss from your position. Staying on maternity leave also exempts the employee from the required two weeks of work.

There are several ways to terminate your employment relationship with your employer. You can familiarize yourself with them in the Labor Code of the Russian Federation. Labor legislation in most cases is aimed at protecting the rights of workers, not employers. In this regard, the possibility of dismissal during vacation at one's own request is allowed.

As we have already said, the possibility of dismissal at your own request while on vacation is enshrined in law, but before starting dismissal, you need to familiarize yourself with the procedure itself and the nuances that will arise in the process of terminating an employment contract with the employer. The most important nuances are:

No need to interrupt vacation to quit work;
Compliance with the deadlines for filing an application, which are provided for by the legislation of the Russian Federation.

Let's consider each of the described points in more detail.

When an employee is serving the required vacation and the need arises to change jobs, there is no need to interrupt the vacation. The employer is obliged to accept the resignation letter and submit it to the HR department for consideration.. To ensure that the review does not take a lot of time and that the requirements for drawing up the application are not refused, you should approach it very carefully. There are a large number of examples of such statements specifically for this purpose. In this article, we will definitely look at a sample resignation letter during voluntary leave, and also talk about what information should be reflected in it.

It should be said that the resignation letter does not have to be submitted in person. You can use postal services and send all the necessary documents by registered mail with a list of attachments.

If the dismissed employee is sure that he will not be able to pick up the work book and other documents in person, then this must be reflected in the documents sent. In this case, all documents will be sent to the address indicated by the employee.

Now let's talk about the mandatory compliance with the deadlines for filing a resignation letter. If we turn to labor legislation, we can find out that the employee is obliged to notify the employer of the desire to terminate employment obligations in advance, and to be more precise, 2 weeks before dismissal. There is a certain nuance when an employee is on vacation. It lies in the fact that if the employee is on vacation for at least another 2 weeks from the moment the employer notifies the employer of his desire, then the period cannot be increased. Thus, the employee is not obliged to appear at his workplace if he has submitted a letter of resignation, and there are still more than two weeks before the end of his vacation.

In all other cases, you will need to work out the stipulated period, but in most cases, employers will accommodate you and allow you not to work out the stipulated period. This can be useful in cases where a new job has already been found. In this case, a good relationship with the employer can play into your hands.

Dismissal procedure

Now let's talk about the procedure for terminating an employment relationship with an employer while on vacation. The dismissal process in this case consists of the following stages:

Drawing up an application in the prescribed form;
Formation and publication of a document according to which the employee is considered dismissed. In most organizations, an order is drawn up under a certain number;
Full settlement with the dismissed employee;
Receipt of all necessary documents.

Particular attention should be paid to the process of receiving payments. Some unscrupulous employers may fail to pay the required amount of money. To prevent this from happening, you again need to refer to the labor code, which reflects all the payments due to the dismissed employee.

An application for resignation during voluntary leave does not have a specific form, but its preparation should be approached responsibly. We’ll talk about how to draw up a resignation letter a little later, but for now we’ll look at the process of receiving all the required documents.

The HR department is responsible for documenting the termination of the employment contract. They are the ones who formulate the order and indicate the reason for dismissal. It is the employer's responsibility to inform the employee of the order. After review, the employee is required to sign, which confirms the correct formulation of the reason for dismissal, but in our case, the employer is not obliged to send an order, and dismissal occurs without the personal participation of the employee. In this regard, employers may indicate a certain article as a reason for dismissal, with which finding a new place may be problematic.

If the employer has been sent an application with a request to dismiss an employee on his personal initiative, and the work record book indicates a violation of labor discipline (for example, absenteeism) as a reason, then you should immediately contact the judicial authorities with a demand to hold the employer accountable. The delay in issuing documents is also a violation of the labor legislation of the Russian Federation.

Sample application

Drawing up a resignation letter is the simplest step. At the moment, you can find a large number of samples of resignation letters during voluntary leave. We will tell you what information must be included in the application without fail, but before that we must say that the document being drawn up can be written by hand or compiled on a computer. When forming it, you must adhere to the rules of business writing, and also avoid obscene language and insults. If the document does not meet the described requirements, then it will most likely be rejected.

As we have already said, the application must contain certain information, and the document itself can be divided into 3 parts:

Preamble;
Main part;
Conclusion.

Each of these parts has its own design, which can be seen in the sample, and must also contain the necessary information. Let's look at each of the parts in more detail:

Preamble. It is an introduction and is located in the upper right corner. This part indicates the full name of the organization. You also need to indicate the details of the person to whom the document is sent. The supervisor is responsible for reviewing and satisfying such applications, so the application must be addressed to the immediate supervisor;
Main part. This part includes wording informing management of the desire to terminate the employment contract at their own request. The employee has the right to indicate the reason for dismissal, but this is not mandatory information. Next, you should indicate the date of dismissal and when indicating it, you should remember that you need to notify the employer of dismissal at least two weeks in advance;
Conclusion. Includes the applicant's signature and the date the document was drawn up.

Since in our case the employee is on vacation, the application must be sent by registered mail with subsequent notification of delivery and receipt.

Sending by registered mail is due to the fact that some employers may throw away the documents received, and it will be impossible to prove the fact of unlawful actions on the part of the employer without evidence.

Working off

Working out a two-week period upon termination of an employment contract is at the discretion of the employer.

There are several ways to avoid it, and dismissal during vacation is the most convenient option. If you can’t take a vacation at a convenient time, you can try to negotiate with the employer. The need to work off is reflected in the Labor Code of the Russian Federation, but the employer has every right to dismiss an employee in one day. If you have a good relationship with your superiors, you can ask for documents to be completed as soon as possible, and in most cases, the superiors will accommodate their employees halfway.

Is dismissal while on vacation an employee’s right or is such termination impossible? Let's understand the nuances of labor legislation. According to the norms of the Labor Code of the Russian Federation, it is possible to quit while on vacation, since this is one of the regulated ways to terminate an employment contract without subsequent mandatory service. This right is reserved for every employee.

The employer does not have the right to challenge the dismissal of an employee who is on vacation. Otherwise, it will limit the employee’s legal rights. It turns out that your former employee can submit an application in the required form, if you have it regulated, or in a free form, indicating the desire to terminate the employment relationship and the date of its termination.

But in this particular case, do the employee and his employer have the same rights: can your boss fire you while you are on vacation or will it be illegal? Let's see what the law dictates. Indeed, there are a number of limited cases when dismissal of your employee is possible even during the period of his annual paid leave.

An employer, a legal entity or a private entrepreneur, may dismiss an employee who has been sent on leave if:

The employee himself initiated the termination of the employment contract and submitted a corresponding application to the office or accounting service.
Both parties were not against terminating the employment contract, for which they jointly drew up an agreement that satisfied everyone.
The company has ceased operations through liquidation, and the dismissal of an employee on vacation is inevitable.

There are no other grounds that allow an employer to fire you if you have submitted documents for leave and are on vacation.

Regulations for dismissal on vacation at the request of the employee

If you are an employee and decide to quit your current job while on vacation, you need to act as follows:

The first step is to notify the employer of your desire to terminate the contract, even if you are on vacation

Here it is important to comply with a number of formalities, because there are several legal options for notifying the employer:

Submit your resignation letter along with your vacation papers.
Submit a resignation letter while already on vacation.

Depending on the notification option, the subsequent procedure may vary. For example, your employer may simply refuse to give you leave if he knows that you are planning to quit later, and this would be his legal right. But if he agrees, then the last day of work at the company will be the end of your vacation. You will no longer need to come for a payment, since all amounts due will be given to you immediately before you go on vacation.

Sign all documents for termination of the contract and for vacation and receipt of full payment and issuance of a work book

When applying for leave with subsequent registration by a specialist from the HR service or the accounting department of the employer’s company, the following procedures must be carried out:

Create an order to terminate the contract using a standard form.
Make an entry in the employee’s work book.
Carry out the calculation.
Hand over your work book and income certificate.

What payments to expect upon dismissal along with vacation registration

If you apply for leave and resign, you must be given:

Vacation pay for vacation days minus 13% income tax
Full payments for days worked
Work book with a record of dismissal with the date and order number

If the vacation is used partially, then the unused part of the vacation is paid at the same time in the form of compensation. This rule is enshrined in the Labor Code.

How to quit while on vacation

There are two main ways if you are going to be fired during vacation by agreement of the parties:

Come to work and write a statement to your boss
Compose an application and send it to the employer by mail

If an agreement has not yet been reached, it is better to send the document by registered mail with return receipt requested. What if labor disputes arise in the future and you must have a proper basis to reliably prove the existence of the fact of filing such an application.

REMEMBER: if there are less than 14 days from the moment you send an official statement to your employer until the last day of your vacation, you must work the difference, unless another agreement is reached between you and your manager.

As a general rule, the date of dismissal is the last day of 2 weeks of work after drawing up the resignation letter. These 14 days can also be your vacation, i.e. after its completion, you simply do not go to work if all documents are completed in a timely manner and correctly.

Dismissal during vacation: is it always possible?

There is a basic rule: an employee on vacation has the right to declare his decision to resign, no matter what kind of vacation he is currently on. Moreover, an employee can resign even if he is on sick leave.

There are some features of formalizing the termination of employment relations by agreement of the parties. There are no detailed instructions from the legislator on how to do this correctly.

As a general rule and from practice, it follows that the last day of work or the day of dismissal is the very day on which the parties reached an agreement on this. This may also be a deadline fixed by a signed application.

Dismissal order for an employee on vacation

The employer himself cannot take the initiative and dismiss an employee at his own discretion, no matter what kind of leave he is currently on. If the initiative to resign comes from the employee and he has complied with the procedural regulations, then the employer must issue a dismissal order in a timely manner, bring it to the attention of personnel officers and accountants and familiarize his employee with its text against receipt.

Consider that the dismissal before the vacation took place if you were simultaneously given both orders for your signature: for vacation and for termination of employment, and were given a full payment and a work book. That’s it, you don’t need to come to your employer anymore. Please note that all documents must be signed by the manager personally or by a person specifically authorized to do so. Signatures must be certified by a seal.

In conclusion, I would like to emphasize once again that the dismissal of an employee on vacation is possible only on his own initiative. Whatever the employer's objectives, he cannot use the employee's vacation to fire him during this period. If your rights were violated, and upon returning from official leave you found out that you were fired, file a statement of violation of rights with the labor inspectorate of the Russian Federation.

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